. ♪ >> and take five, to remember one of the greatest innovators jazz has known, composure dave brubeck, died a day short of his 92nd birthday. ♪ >> good day. i'm andrea mitchell live in washington. we begin with the fallout from a senate vote that seemed to underscore everything that is wrong with capitol hill. the senate's rejection of an international treaty to guarantee equal rights for people with disabilities based on what has been american law since the first bush presidency 22 years ago. the treaty supported by every democrat and eight republicans, came five votes short of passage of the required 66 needed for ratification. 38 republicans voted no despite the return to the floor of former majority leader bob dole only days out of the hospital. there at the age of 89 to rally support from his former friends including orrin hatch, cluck grassley, mitch mcconnell and thad cochran but they voted it down. the floor manager john kerry called it one of the saddest days in his nearly 28 days in the senate which he says is broken and dysfunctional. the chairman of the foreign relations